Face-to-face , first term, 21 hours of theory.

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French

The course aims to enable students to gain comprehensive insight into the division of competences between the EU and the Belgian State (Treaty on EU and Treaty FEU) as well as within the Belgian State among its various components (Constitution and Special Law on Institutional Reforms) with regard to the environment and to spatial development and planning.

Course of Constitutional Law / Course of Administrative Law / Course of EU Law.

Principles/Objectives of EU environmental policy
Choice of the legal bases
Principles of subsidiarity and proportionality

In domestic law, examination of the scope of articles 7bis and 23 of the Constitution
Critical analysis of the division of competences with regard to the environment and to town planning, between the Belgian Federal State and the regions.
Examination of the competences of the provinces and the municipalities.
Identification of the main actors with regard to the environment (Specialised Agencies, various Councils, etc).

Various articles and chapters relating to the legal bases and the principle of subsidiarity published by N. de Sadeleer are handed out to the students. Moreover, we examine during the course the decisions handed down by the Court and the EU Court of Justice.

François Tulkens hands out the applicable texts of laws and texts on the subject. The subject matter is further illustrated and updated by recent decisions of the Constitutional Court, the Council of State and various Courts and Tribunals.

Open-book examination. Cases to be solved.

Mégret comment
DPSP v° Environment and Town Planning

Supports:
Treaty on EU-Treaty FEU
Constitution - Special Law of 8/8/1980